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Attorney 1, Attorney

Category: Consumer Protection Law

Satisfied Customers: 2446

Experience: Knowledgeable and Experienced Attorney

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I entered a raffle at a gym franchise (Vasa in Utah) to win

Customer Question

I entered a raffle at a gym franchise (Vasa in Utah) to win a Razor. We received a ticket for every referral and I was able to refer over 3,000 qualified people. The most I know of anyone else who is collecting referrals was 250. The prize was for a $10,000 Razor. Their website and contract clearly stated that winner would be announced on October 29, 2015. However, they decided to extend the deadline for another two weeks to get more referrals for their gym. Upon contacting the Executive Marketing Department, I was told they were getting so many request to delay the raffle that they succumbed to the pressure. There was never any notice that the raffle date had been changed. There has still been no announcement at this point and by tomorrow, everyone will believe the raffle is over. What legal avenues can I take for their fraudulent actions and the fact that I provided them with 3,000 qualified leads that are profiting them?

Theoretically, unless the initial contract provided that the date could be extended at the discretion of the gym, its doing so is questionable, at best. It could be argued that extending the deadline effectively dilutes the pool of applicants, in which you have established yourself as a significant contender, and on that basis you sustained harm. On the other hand, the gym could argue that an extension gives you additional time to bring in more members, so the extension caused you no prejudice. That said, if you could show a court that your potential pool of applicants was limited to those actually obtained, or that you were somehow limited in your personal or professional life by the time constraints set forth in the initial contract, you would likely win if the issue was taken to court in the form of an action for declaratory relief and/or an action for injunctive relief

However, bringing a court action would take significant time and energy, and financial resources if you decided to hire an attorney, so it's important to weigh the pros and cons before determining how you should move forward. In any event, the law is on your side, and perhaps presenting that fact to the gym would be enough to convince the powers that be to honor the original terms.